Does a restriction requirement in a parent application carry over to a continuation application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a restriction requirement made in a parent application does not automatically carry over to a continuation, continuation-in-part (CIP), or divisional application. The MPEP 819 cites a Federal Circuit decision: “See Bristol-Myers Squibb Co. v. Pharmachemie BV, 361 F.3d 1343, 1348, 70 USPQ2d 1097, 1100 (Fed. Cir. 2004) (An original restriction requirement in an earlier filed application does not carry over to claims of a continuation application in which the examiner does not reinstate or refer to the restriction requirement in the parent application.).” This means that in a new application, the examiner must issue a new restriction requirement if they believe it’s necessary, even if one existed in the parent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Original Restriction Does Not Carry to Continuation MPEP 819 Restriction Does Not Carry Over to Continuation MPEP 819 Continuation Requirement for Design Applications MPEP 819 Claims Must Be Treated According to MPEP § 821.03 When Not Matching Elected Invention MPEP 819 Recommended Applicants Cannot Change Election After Office Action MPEP 819 Permitted Applicant Cannot Change Oral Election After Office Action MPEP 819 Prohibited RCE Not Allowed for Distinct Claims MPEP 819 Prohibited Examiner May Permit Invention Claim Shift MPEP 819 Prohibited Examiner Likely to Permit Shift Where No Additional Burden MPEP 819 Examiner Must Provide Reasons For Claim Allowance MPEP 1302.14 Other Related FAQs 5 FAQs Collapse How does an election in a parent application affect a continued prosecution application (CPA) in design applications? Under what circumstances might an examiner permit a shift to claim anoth...